The following are the terms and conditions for use of www.magiccall.co and its services (the "Website") and the MagicCall Mobile Application and its services (the "Application") (collectively the Website and the Application are referred to as the "Services"). The Services are owned and operated by Blackngreen Mobile Solutions Pvt. Ltd. d/b/a MagicCall ("MagicCall," or "us," or "we").
By downloading or using the Application, availing the Services, continuing to access the Services, or submitting any information through the Services, and in consideration for the services MagicCall provides to you, YOU (the terms "you", "user" or "yours" includes the person or entity that is accessing the Services as well as any third-parties accessing the Services on your behalf) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS GOVERNING THE USE OF THE SERVICES (the "Terms"). Use of the Services is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices, including the class action waiver, contained herein.
The MagicCall Website, Application, and Services allow users to initiate telephone calls to their friends by changing their voice in real time. The initiating user is a party to these voice changed telephone calls. The Services are provided for entertainment purposes only. While some of the Services may be available for free, you can also make purchases, or undertake certain activities, to increase the Services' functionality, like increasing the number of calls you can initiate or to activate other features. MagicCall does not guarantee refunds for any purchases. You won't be able to make international calls using MagicCall.
You are solely responsible for the calls you initiate through the Services and ensuring that the calls comply with all the central and state laws applicable in the states in which you and the call recipient are located. You agree to use the Services only in compliance with these Terms in a manner that does not violate MagicCall's legal rights or those of any third party(ies).You are strictly prohibited from using the Services to defraud, cause harm, wrongly obtain anything of value, send indecent or obscene content, or to annoy, abuse, threaten, harass, or make repeated telephone calls to another person. We shall not be liable for any harm or loss caused to any person or party which arises from your use of the Services. You may not use the Services for any commercial purposes. You must be at least 18 years of age to use the Services and you may not initiate a call through the Services to anyone under the age of 18. MagicCall reserves the right to terminate your registration and/ or refuse your access to the Services on discovery that you are under the age of 18 years, or if any of the information provided by you is inaccurate and untrue. You must also ensure the recipient will not be offended by the call and its content.
You are strictly prohibited from using MagicCall to call emergency lines, health care facilities, government agencies, employees or officials, law enforcement, schools, numbers assigned to radio common carrier services, or any service for which the called party is charged for the call, unless the call is made with the prior express consent of the called party. You are prohibited from using MagicCall to call any recipient that is prohibited by law or regulation. Those using the Services for prohibited purposes may be subject to certain identification requirements and prosecution. You shall be solely responsible for legal consequences which arise from using the Services to make prohibited phone calls.
MagicCall Mobile Application, by default, records the telephone calls made through the Services. However, you may opt to disable the automatic recording of calls by MagicCall Mobile Application.
If you do not disable the automatic recording of calls by MagicCall Mobile Application, then your calls shall be recorded and in such case, you represent and warrant that you consent to the recording of any telephone call which you initiate through the Services and that you comply with all the laws applicable to the recording of the telephone conversations initiated through the Services, including laws applicable to the state/Union Territory in which you and the call recipient are located. You agree that your data may be stored by MagicCall and may be produced before law enforcement agencies or court of law, if called upon.
MagicCall allows users to publicly post the recording from any telephone conversation initiated through the Services. You represent and warrant that the posting of a recorded telephone conversation you initiate through the Services will not violate any civil and/or criminal and/or cyber law applicable. MagicCall shall take no responsibility for the recordings posted by you which may offend, cause harm or any kind of further damage to you or any third party.
Registration: In order to utilize some of the Services' features, you must register and create an account. In order to create an account, you must complete the registration process by providing MagicCall with complete and accurate information as prompted by the registration form, including contact information, email ID. You agree to notify MagicCall immediately of any unauthorized use of your account or any other breach of security.
You agree that if any information provided by you is inaccurate, untrue or incomplete, we reserve the right to terminate your access to use the Services.
Refusal of Service: MagicCall reserves the right, with or without notice, to terminate the account of, or refuse service to, any persons that violate these Terms, violate any party's intellectual property rights, abuse other users of the Services, misuse the Services, or otherwise engage in inappropriate conduct or/and unlawful activities using MagicCall, as determined by MagicCall in its sole discretion.
Payment: If you make any purchases through the Application or the Services, you agree to pay all applicable fees for those purchases. Unless otherwise stated, all fees are stated in Indian Rupees.
Billing: As a first time user, you get free calling credits. Once, the free calling credits are over, you can either BUY or EARN credits. To buy credits, you can take either of the two, SUBSCRIPTIONS or TOP-UPS. For earning credits, you simply need to share the app on social media.
Magiccall reserves the right to refuse/cancel a membership in any of Magiccall mobile apps. If Magiccall refuses a new or renewing membership, users will be offered a refund. This policy is a part of the terms of usage of Magiccall mobile apps.
More details can be found here.
Data Importation: The Services may allow you to import data from another data source created by another program not affiliated with MagicCall. If you choose to import data into MagicCall from any other source, you represent that you have the authority to import that data and that your importation of that data does not violate the rights or terms of any third-parties, and does not violate any civil and/or criminal and/or cyber law applicable.
MagicCall reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the use of the Services, at any time, by posting the new terms on the Website or Application. The most current version of these Terms will be located on the Application and on the Website. You understand and agree that your access to or use of the Services is governed by the then-current Terms that are effective at the time of your access to or use of the Services. If we make material changes to these Terms, we will not notify you by email, but only by updating the "Updated" date indicated at the top of this page with the date that revisions to these Terms were last made. You should revisit these Terms on a regular basis as revised versions will be binding upon you. Any such modification will be effective upon our posting of such new Terms. You understand and agree that your continued access to or use of the Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.
Except as expressly provided for in the non-exclusive license contained in Section V herein, MagicCall expressly reserves all right, title, and interest in and to the Services and the Services' content, including any copyright, patent, or trademark or other intellectual property right, or any legal right, pertaining thereto.
License: In order to use some of the Services' features, you need to download the Application. Subject to, and in accordance with, these Terms, MagicCall grants to You, and You accept from MagicCall, a limited, revocable, non-exclusive, and non-transferable license to use the Application and its services. MagicCall reserves all rights not expressly granted to You hereunder. This license is automatically revoked if you violate any of these Terms.
Payment Terms: MagicCall may make all or some of the Application and the Services available for free (the "Free Services"). MagicCall does not guarantee that any portion of the Services will always be available for free and reserves the right to begin charging for any portion of the Services at any time. The Free Services may be subject to reduced functionality. For example, the Free Services may only allow users to place a limited number of telephone calls per day. MagicCall may allow users to increase or enhance the functionality of the Application and Services by making certain purchases, including in-app purchases, or undertaking certain activities. Please review the specific terms for your applicable purchase.. Prices are subject to change. In the event the MagicCall Services are discontinued for any reason, any tokens or other purchases will terminate and no refund will be made.
Refund Policy: MagicCall complies with Google Play refund policies. If a user feels, that money deducted at his end should be refunded, user can raise a request by emailing us at email@example.com. The refund request will require a Registered mobile number and GPA ID. The request will be processed in 48 hours.
Refund request will be only processed if user is providing all the required information
Personal Use: You may only use the Application and the Services for your own personal use. You may not use the Services for any commercial use.
Source Code: The grant of this license is not, and shall not be construed as, a grant of any right to You to use, receive or view, copies of source code, schematics, master copies, design materials or other information used by You in creating, developing or implementing the Application, including updates or modifications thereto. Without limiting the foregoing, You shall have no rights to receive any source code for the Application and shall not reverse engineer, disassemble or decompile, or otherwise attempt to derive source code for the Application for any purpose.
Prohibitions: You must not do, or permit others to do, any of the following: (a) copy or modify the Application in any way, except as expressly permitted in these Terms; (b) remove or modify MagicCall's copyright notices, trademark, logo, legend or other notice of ownership from any originals or copies of the Application or Services; (c) attempt to view, read, modify, reverse compile, reverse assemble, disassemble or print the Application's source code or object code or other runtime objects or files distributed with the Application; (d) otherwise reverse engineer, modify or copy the look and feel, functionality or user interface of any portion of the Application or Services; (e) rent, lease, distribute (or redistribute), provide or otherwise make available the Application or Services, in any form, to any third party (including in any service bureau or similar environment); (f) use the Application or Services to process the data of third parties; or (g) use, install, or make available the Application, in whole or in part, through a wide area network including but not limited to World Wide Web sites, intranets, or Application Service Providers (ASP). In addition, You will not violate or attempt to violate the security of MagicCall' networks or servers, including (x) access data not intended for You or log into a server or account which You are not authorized to access; (y) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper written request and authorization; or (z) attempt to interfere with service to any user, host or network, including by means of submitting a virus, overloading, flooding, spamming, mail bombing or crashing
You are also prohibited from taking any actions in violation of the prohibitions and requirements set forth in Section XII below.
Infringement: If a third party claims that the Application or the Services infringes its patent, copyright or trade secret, or any similar intellectual property right, MagicCall will defend You against that claim at MagicCall's expense and pay all damages that a court finally awards, provided that You promptly notify MagicCall in writing of the claim, and You allow MagicCall to control and You cooperate with MagicCall in, the defense or any related settlement negotiations. If such a claim is made or appears possible, You agree to permit MagicCall to modify the Application or Services in order to attempt to avoid such claims. If MagicCall determines that this alternative is not reasonably available, You agree to uninstall or return the Application on the MagicCall's request, and without any further liability or obligation of MagicCall. Further, MagicCall shall have no obligation whatsoever for any claim based on Your modification of the Application or Your combination, operation, or use with any product, data or apparatus not specified or provided by MagicCall. THIS PARAGRAPH STATES MAGICCALL'S ENTIRE OBLIGATION TO YOU WITH RESPECT TO ANY CLAIM OF INFRINGEMENT.
Maintenance or Support: MagicCall is not under any obligation to provide maintenance or support for the Application. MagicCall may provide maintenance or support for the Application at MagicCall's sole discretion.
Uninstallation: You may, at any time, uninstall the Application by utilizing your mobile device's procedures for uninstalling downloaded applications.
Third-Party Terms: You must comply with applicable third-party terms of service while using the Application, including any terms required by your mobile carrier.
MagicCall grants you the right to use the Services through various operating systems including but not limited to Apple iOS, Microsoft Windows and Google Android, and as permitted by the terms of services of the respective operating systems.
Blackngreen Mobile Solutions Pvt. Ltd. is the developer of the MagicCall Mobile Application and questions, complaints or claims with respect to the Application can be sent to Blackngreen Mobile Solutions Pvt. Ltd. on firstname.lastname@example.org
The Services may use or provide access to one or more third-parties to process payments, process account or user registrations, or provide other services. Your interactions with any of these third-parties is controlled by the terms and conditions imposed by those third-parties. Any disputes arising regarding a third-party's services must be resolved directly between user and the third-party. MagicCall disclaims all warranties or representations regarding any third-party services.
The app does use third party services that declare their own Terms and Conditions.
Link to Terms and Conditions of third party service providers used by the app
MagicCall, in its sole discretion, and without notice to you or any user, may subcontract any Services to be performed by a third-party.
Testimonials and Photographs: If you Post or otherwise transmit to MagicCall a testimonial statement or screenshots depicting your results using any MagicCall service or product, you grant, and warrant and represent that you have the right to grant, MagicCall a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sub-licensable, transferable license to use, copy, perform, display, and distribute the testimonial statement and/or screenshots for any purpose, including posting on the Services or using in any MagicCall advertising materials.
By Posting or sending any testimonials of your results, you represent that the testimonial statement is true, that you used the MagicCall service or product as directed, and that the testimonial accurately depicts your experience using the MagicCall service or product.
If you no longer wish MagicCall to use your written testimonial statement or photograph, please contact us. If we do not hear from you, we will assume you still stand behind your testimonial statement.
If you receive any kind of compensation, whether monetary, in the form of a free service or product, or otherwise, you must notify us of this fact when posting or sending your testimonial.
Rules of Conduct: In addition to all other obligations and terms stated in these Terms, you agree to abide by any rules of conduct or community guidelines posted on the Website or Application. MagicCall reserves the right to exclude or suspend any user who violates these rules of conduct, and reserves the right, but does not undertake an affirmative obligation, to remove, screen, or edit any content which is contrary to these rules without prior notice. User Content does not necessarily reflect the opinion of MagicCall.
Communications Decency: MagicCall is only a distributer, and not the publisher or speaker, of any User Content. As such, MagicCall cannot be held liable for making available any User Content which may be false or inaccurate. Any information or opinions contained in the User Content made available through the services are those of their respective authors alone. MagicCall does not guarantee the accuracy, completeness, or truthfulness of any User Content. Under no circumstances will MagicCall be responsible for any loss or damage resulting from any person's reliance on any User Content.
Reservation of Rights: MagicCall reserves the right to remove or not remove any User Content from the Services for any reason or no reason at all, in MagicCall's sole discretion. This reservation includes the exclusive right to decide whether to publish, withdraw, postpone, or alter any User Content. MagicCall reserves the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content.
Information Storage and Access: MagicCall reserves the right, in its sole discretion, to determine whether and how long to store User Content and user data. MagicCall will not be responsible for any liability related to the deletion or removal or any data or content maintained on the Services or MagicCall's servers.
Suggestions: By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third-parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against MagicCall and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.
While MagicCall attempts to provide all Application features to all users, use of the Application and the Services may be limited for some or all users due to conditions outside of MagicCall's control. As a result, not all advertised features may be available to you at all times. Some of these conditions include, but are not limited to, the following: Your mobile device or your wireless carrier may limit the features available to you. Your data or messaging plan may limit your use of the Services. Your wireless voice and/or data signal may make access to the Applications or some of its feature intermittent or unavailable. The Application and its features may not be available in some geographic locations.
MagicCall is not liable, and expressly disclaims any representations or warranties, regarding access to the Application or its services or features through a particular wireless carrier, network, or plan, on a particular device, or in a particular location. MagicCall does not guarantee that the Services will always be accessible or available. You are solely responsible for any costs you incur to access the Application through your mobile device.
MagicCall does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Services will be accurate, (ii) the Services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Services or the server that makes the Services available, are free of viruses or other harmful component, (v) the use or the results of the use of the Services or the materials made available as part of the Services will be correct, accurate, timely, or otherwise reliable, or (vi) that the Services will be supported on all web browsers or mobile operating systems. It is expressly understood by all users that the Application and the Services may be from time to time be inaccessible, inoperable, or may not provide all features as a result of multiple factors which may or may not be within MagicCall's control. These factors may include, but are not limited to, variables in internet, telecommunications, data, cellular or satellite services provided by your wireless carrier to your mobile device, geographic limitations, poor wireless signal strength, periodic maintenance to the Services, malfunctions in the Application or the Services, limitations due to your particular mobile device, or any other reason which may prevent the Application and its services from being accessible at all times. MagicCall disclaims any liability as a result of any user's inability to access or use the Application or the Services at a particular time, location, on a particular device, or using a particular wireless provider.
Further, MagicCall expressly disclaims any representation or warranty relating to any products or services displayed, described, advertised, reviewed, recommended, linked to, or pictured on the Services. MagicCall does not endorse any such products or services and does not warrant that any such products or services are available, will meet the user's needs, are appropriate for any particular use, or are of any certain quality. MagicCall does not guarantee that any product or service descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will MagicCall be responsible for any loss or damage resulting from any person's reliance on any such product or service descriptions, reviews, or specifications contained on the Services.
THE SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY MAGICCALL EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. MAGICCALL DOES NOT WARRANT THAT THESE SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE SERVICES. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORM THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES..
When you use the Application on your mobile device, your wireless service carrier may charge you data rates, message fees, and related fees.
You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third-parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, or other proprietary or property right, false advertising, telemarketing, unfair competition, defamation, invasion of privacy, rights of celebrity, or other central or state law, rule, or regulation.
You further represent and warrant that you will not use the Website, the Application, or the Services to defraud, cause harm, wrongly obtain anything of value, send indecent or obscene content, or to annoy, abuse, threaten, harass, or make repeated telephone calls to another person. You represent and warrant that you do not have any intent to commit any of the foregoing actions. You represent and warrant that you will not use the Website, the Application, or the Services for any commercial purposes.
MagicCall routinely records the telephone calls made through the Services. If you initiate a call through the Services, you are party to that call and you must remain on the telephone line during the entire telephone call. You represent and warrant that you consent to the recording of any telephone call which you initiate through the Services and that you comply with all laws applicable to the recording of the telephone conversations initiated through the Services, including laws applicable to the states in which you and the call recipient are located.
MagicCall may allow you to post a recorded telephone conversation. If you post any recording of any telephone call or any other call feature to any part of the Services, then you represent and warrant that you have all necessary rights and consents to make such posting. You shall not post any recordings which contain any personal information. You represent and warrant that the posting of a recorded telephone conversation you initiate through the Services will not violate any law applicable to the states in which you and the call recipient are located. You agree to release MagicCall from any liability with regard to your posting of any recordings to the Services or to any other forum. MagicCall reserves its right to remove or delete any posting from its Website which in its opinion is defamatory or otherwise offensive in nature. You also agree that MagicCall may remove or delete any posting from its Website if any objection is received from any third party with respect to your posting.
You agree to indemnify, hold harmless and defend MagicCall, its managers, members, directors, employees, agents, or affiliates (collectively the "Indemnified Parties") at your expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties arising out of or relating to (i) your breach of any term or condition of these Terms, (ii) your Posting of User Content, (iii) your use of the Services, including, but not limited to, your initiation of any telephone call through the Services or your posting of any recording to the Services or any other forum, or (iv) your unauthorized use of the Services. In such a case, the Indemnified Party or Parties will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. The Indemnified Party or Parties will reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
MAGICCALL WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, OR (D) REPUTATIONAL HARM, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF MAGICCALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING SET FORTH IN THESE TERMS TO THE CONTRARY, MAGICCALL'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE SERVICES SUBJECT TO THESE TERMS DURING THE PREVIOUS SIX (6) MONTHS, OR (2) ONE THOUSAND AND 00/100 INDIAN RUPEES (INR1000.00). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
MagicCall may contact you via any method of communication you submitted through the services, including, but not limited to, email, cell phone, or text message. By providing MagicCall your contact information, you agree to receive communications from MagicCall.
MagicCall may support the Services by using advertisements. These advertisements may be targeted to the content or information stored on or submitted through the Services. Advertisements may also be targeted based on information stored in cookies or similar objects on your computer or device, including cookies which track your internet usage across sites and over time. The manner, mode, and extent of advertising on the Services are subject to change without notice. MagicCall may place advertisements on the telephone calls initiated through the Services. You agree that MagicCall may place advertising on the Services and you agree not to block such advertising.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from India or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
These Terms shall be governed by and construed under the laws of the Republic of India without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Indian laws, rules and regulations, Indian laws, rules and regulations shall prevail and govern. Subject to the mandatory arbitration provision below, each party agrees to submit to the exclusive and personal jurisdiction of the courts located in the State of Tamil Nadu. Any notices to MagicCall must be sent to:
Blackngreen Mobile Solutions Pvt. Ltd.
'GEE GEE Universal', 7th Floor,
No. 2, Mc. Nichols Road, Chetpet,
Chennai 600031, Tamil Nadu, India
via first class or air mail or overnight courier, and are deemed given upon receipt.
The parties hereto agree and understand that any dispute or claim related to your use of the Services, any dispute or claim related to your purchase or use of any products or services sold through the Services, any disputes regarding any alleged breach of these Terms, to the extent such dispute cannot otherwise be resolved, as well as any other action to enforce these Terms or for the breach of these Terms, shall be referred to final and binding arbitration, and not in court. Arbitral proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996.
Any arbitration proceeding will take place in the State of Tamil Nadu, India, subject to the laws of the Republic of India and will otherwise be governed by the then-current commercial arbitration rules of the Indian Council of Arbitration, and the parties hereto expressly waive their rights, if any, to have any such matters heard by a court or jury, or administrative agency whether private or government. The parties in any arbitration to enforce this agreement or remedy its breach will equally share the costs associated with such arbitration proceedings; provided, that, each party shall pay its own attorney's fees. Within fourteen (14) days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within ten (10) days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the Indian Council of Arbitration.
All parties agree that any dispute resolution proceedings (including any arbitrations and any court proceedings) will be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class actions and class arbitrations are prohibited. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
These Terms (including any amendment agreed upon by the parties in writing) represent the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of these Terms are held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. A waiver of any default is not a waiver of any subsequent default. The relationship between MagicCall and you is not one of a legal partnership relationship, but is one of independent contractors. These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.